BILL ANALYSIS


                                                     C.S.S.B. 810
                                                        By: Lucio
                                                      Agriculture
                                                         03-15-95
                                   Committee Report (Substituted)
BACKGROUND

As the state's agriculture economy diversifies, so does the need to
address the various problems and opportunities Texas producers may
encounter.

Under current law, the Texas Department of Agriculture must ask the
legislature for specific authority to develop and implement
certification programs for agricultural products and production
processes.  This process can take two or more years.

PURPOSE

As proposed, C.S.S.B. 810 authorizes the Texas Department of
Agriculture to establish certification programs for agricultural
products and production processes.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Agriculture under SECTION 1 (Sections
18.052 and 18.072, Agriculture Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 18, Agriculture Code, as follows:

CHAPTER 18.  New heading: CERTIFICATION AND AGRICULTURAL PRODUCT STANDARDS

        SUBCHAPTER A. ORGANIC STANDARDS AND CERTIFICATION

     Sec. 18.001-18.010.  Make conforming changes.
     
        SUBCHAPTER B. AGRICULTURAL PRODUCT STANDARDS
     
     Sec. 18.051.  PRODUCT CERTIFICATION PROGRAMS.  (a) Authorizes
     the Texas Department of Agriculture (department) to establish
     certification programs relating to the protection, sale,
     advertising, marketing, transporting or other commercial
     handling of agricultural, horticultural, or related products
     in this state, if the department determines that a program is
     warranted to assure genetic purity, identity, or disease or
     pest resistance, or to help prevent the spread of insects,
     pests, disease, or pathogens.
     
     (b) Authorizes the department to regulate the use of the
       term "Texas Certified Product," other terms indicating
       product quality standards, and any symbols connected with
       such terms.
       
       Sec. 18.052.  STANDARDS.  Authorizes the department, by rule,
     to develop minimum certification standards for the
     administration and enforcement of this subchapter.
     
     Sec. 18.053.  FEES.  Authorizes the department to set fees
     that do not exceed the amounts reasonably necessary to enable
     the department to recover the costs of administering this
     subchapter.
     
     Sec. 18.054.  CIVIL PENALTY; INJUNCTION.  (a) Makes a violator
     liable for a civil penalty not to exceed $500 for each
     violation.  Provides that each day a violation continues is a
     separate violation for the assessment of a civil penalty under
     this section.
     
     (b) Requires a civil penalty recovered under this section to
       be deposited in the general revenue fund.  Requires a civil
       penalty recovered in an action instituted by a local
       government to be equally divided between this state and the
       local government, with 50 percent paid to the general
       revenue fund and 50 percent to the general fund of the local
       government.
       
       (c) Requires the attorney general or the county or district
       attorney of the county in which the violation is alleged to
       have occurred, on request of the department, to bring an
       action to collect the penalty.
       
       (c) Entitles the department to appropriate injunctive relief
       to prevent or abate a violation.  Requires the attorney
       general or county district attorney to bring an action for
       the injunctive relief.  Provides that venue for the action
       lies in the county in which the alleged violation is
       threatened or occurring.
       
       SUBCHAPTER C.  AGRICULTURAL PRODUCTION PROCESS CERTIFICATION PROGRAM
     Sec. 18.071.  AGRICULTURAL CERTIFICATION.  Authorizes the
     department to establish voluntary certification programs
     relating to the protecting, selling, advertising, marketing,
     or related production processes in Texas.  Authorizes the
     programs to be certified under this subchapter.
     
     Sec. 18.072.  CERTIFICATION STANDARDS.  Authorizes the
     department, by rule, to develop programs establishing minimum
     certification standards for production processes.
     
     Sec. 18.073.  FEES.  Authorizes the department to set fees in
     amounts not greater than necessary to recover the costs of
     administering this subchapter.
     
     Sec. 18.074.  ADMINISTRATIVE PENALTY.  Authorizes the
     department to assess an administrative penalty under Section
     12.020 of this code if the department determines that a person
     is falsely claiming to be certified under this subchapter.
     
     SECTION 2.     Amends Section 12.020(c), Agriculture Code, to include
Chapter 18, Agriculture Code, among the provisions subject to this
section, with a maximum penalty of $500.
SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.